Excise policy case: Delhi HC to pass order tomorrow on Arvind Kejriwal's plea challenging his ED arrest

The bench of Justice Swarna Kanta Sharma has fixed the matter for pronouncement of order on Tuesday at 2:30 pm.

The same bench, last week had kept the matter reserved after the conclusion of detailed arguments from both sides. Delhi CM Arvind Kejriwal has challenged his arrest as well as the ED remand granted by the trial court.

Appearing for Kejriwal, senior advocate Abhishek Manu Singhvi submitted that this case reeks of timing issues. The timing issue ensures that the petitioner doesn't participate in the democratic process and that his party is 'destroyed'.

"The timing reeks of democracy issue, level playing field issue. You are clearly doing an arrest without any enquiry, statement, etc. It's unique that there's no Sec 50 here. The necessity to arrest is an important facet of the statute. But, here, your necessity to arrest was with an ulterior motive. The only object is to humiliate, insult and disable the petitioner. After one and a quarter year of investigation, they want to find the role of the Chief Minister," Singhvi submitted.

While opposing Kejriwal's plea, Enforcement Directorate lawyer ASG SV Raju submitted that the arguments made for the petitioner have been argued as if it is a bail application, not a plea for quashing the arrest.

The investigation in the matter is at a nascent stage and as far as Kejriwal is concerned, the investigation is not over, said ED while opposing Kejriwal's plea challenging his arrest.

"No remand order has been challenged...I'm not even sure if he can challenge these orders when he says that I am conceding the remand. They're playing hot and cold at the same time. You can't ride two horses at the same time. You can't challenge the remand on one hand and say I accept the remand on the other," argued ASG Raju for ED.

The ED on Tuesday filed the reply before the Delhi High Court opposing Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest and said he was given multiple opportunities to cooperate with the investigation being conducted by the law enforcement agency in the present case by issuing nine summons. However, he chose to "intentionally disobey" the said summons and did not join the investigation based on one flimsy ground and another.

In its reply filed before the Delhi HC, the ED said Kejriwal's arrest was carried out in "strict adherence to law" and added that the Delhi CM had "waived his right to question his custody as of today and the petitioner cannot now be allowed to argue that his custody as on today is illegal."

ED further stated that the Aam Aadmi Party (AAP) is the "major beneficiary of the proceeds of crime generated in the Delhi Liquor Scam. Part of the proceeds of crime to the tune of cash of Rs 45 crores approx., has allegedly been utilised in the election campaign of AAP in Goa Assembly elections 2022."

AAP has allegedly committed the offence of money laundering through Arvind Kejriwal and the offences thus are covered by section 70, PMLA 2002.

The AAP is a political party comprising of association of individuals registered under Section 29-A of the Representation of People Act, 1951, the ED stated.

Recently, the Delhi High Court had sought ED's response. A petition was moved by Delhi Chief Minister Arvind Kejriwal challenging his arrest and also challenging the ED remand granted by the trial court.

Earlier, Abhishek Manu Singhvi, appearing for Kejriwal, submitted that a sitting CM is arrested one week ago during the Model Code of Conduct.

"The heart of democracy is a level playing field and a free and fair election: If you do something to disrupt the level playing field, you hit the heart of democracy. My prayer is to release me now because the foundation of my arrest is flawed, this is my interim prayer," he stated.

Arvind Kejriwal through the plea alleged that the ED has at the time of arrest "failed to establish" that the petitioner is guilty of committing activities stipulated under Section 3, i.e., be it one of concealment, possession, acquisition, use of proceeds of crime as much as projecting it as untainted property or claiming it to be so.

Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case.

The trial court on April 1, sent Arvind Kejriwal to judicial custody till April 15, 2024. ED alleged that the Aam Adami Party (AAP) is the major beneficiary of the proceeds of crime generated in the alleged liquor scam.

The agency also claimed that Kejriwal was directly involved in the formation of the excise policy.

The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi Excise Policy 2022, which was later scrapped.

While Kejriwal was not named in the FIRs registered by the ED or the Central Bureau of Investigation in the Delhi excise policy case, his name first found a mention in the ED's chargesheet, wherein the agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused and AAP communications-in-charge Vijay Nair.

Nair was among the first people to be arrested by the CBI in the case, in 2022. Subsequently, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case. The latter, however, was granted bail by the Supreme Court last week. (ANI)